CLOSED,E-Filing,RELATE

U.S. District Court
California Northern District (Oakland)
CRIMINAL DOCKET FOR CASE #: 4:11-cr-00642-PJH-1


Case title: USA v. TomorrowNow, Inc.

Date Filed: 09/08/2011
Date Terminated: 09/14/2011

Assigned to: Hon. Phyllis J. Hamilton

Defendant (1)
TomorrowNow, Inc.
TERMINATED: 09/14/2011
represented byMartha A. Boersch
Martha Boersch, Attorney at Law
235 Montgomery Street
Suite 1070
San Francisco, CA 94104
415-562-8587
Email: martha@boerschlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Tharan Gregory Lanier
Jones Day
1755 Embarcadero Road
Palo Alto, CA 94303
650-739-3939
Fax: (650) 739-3900
Email: tglanier@jonesday.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1030(a)(4): Unauthorized access to a protected computer with intent to defraud and obtaining something of value
(1-11)
three (3) years probation; $4400 special assessment; $20,000,000 fine
17:506(a)(1)(A) & 18:2319(b)(1): Criminal copyright infringement
(12)
three (3) years probation; $400 special assessment

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byKyle F. Waldinger
Office of the United States Attorney
Criminal Division
450 Golden Gate Avenue
11th floor
San Francisco, CA 94102
415/436-6830
Fax: 415-436-7234
Email: kyle.waldinger@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Susan Frances Knight
U.S. Attorney's Office
NDCA, San Jose
150 Almaden Blvd., Suite 900
San Jose, CA 95113
408-535-5061
Fax: 408-535-5066
Email: Susan.Knight@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/08/2011INFORMATION as to TomorrowNow, Inc. (1) count(s) 1-11, 12. (kc, COURT STAFF) (Filed on 9/8/2011) (kc, COURT STAFF). (Entered: 09/08/2011)
09/08/2011STIPULATION Regarding the Scheduling of TomorrowNow's Change of Plea and Sentencing by USA as to TomorrowNow, Inc. (Attachments: # 1 Exhibit A)(Knight, Susan) (Filed on 9/8/2011) (Entered: 09/08/2011)
09/08/2011Proposed Order by USA as to TomorrowNow, Inc. Regarding the Scheduling of TomorrowNow's Change of Plea and Sentencing (Knight, Susan) (Filed on 9/8/2011) (Entered: 09/08/2011)
09/08/2011Notice of Related Case in a Criminal Action by USA as to TomorrowNow, Inc. (Knight, Susan) (Filed on 9/8/2011) (Entered: 09/08/2011)
09/08/2011  CASE DESIGNATED for Electronic Filing. (kc, COURT STAFF) (Filed on 9/8/2011) (Entered: 09/08/2011)
09/09/2011Response and Non-Opposition re 4 Notice of Related Case by TomorrowNow, Inc. (Lanier, Tharan) (Filed on 9/9/2011) Modified on 9/12/2011 (kc, COURT STAFF). (Entered: 09/09/2011)
09/12/2011ORDER RELATING CASE. CR 11-642 SBA AND C 07-1658 PJH ARE RELATED. Signed by Judge Hon. Phyllis J. Hamilton on 9/12/11. (nah, COURT STAFF) (Filed on 9/12/2011) (Entered: 09/12/2011)
09/12/2011ORDER SETTING DATE FOR CHANGE OF PLEA AND SENTENCING as to TomorrowNow, Inc. re 2 Stipulation filed by USA. Plea and Sentence set for 9/14/2011 01:30 PM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. Signed by Judge Hon. Phyllis J. Hamilton on 9/12/11. (nahS, COURT STAFF) (Filed on 9/12/2011) (Entered: 09/12/2011)
09/12/2011  Case as to TomorrowNow, Inc. Reassigned to Judge Phyllis J. Hamilton. Judge Saundra Brown Armstrong no longer assigned to the case. (kc, COURT STAFF) (Filed on 9/12/2011) (Entered: 09/13/2011)
09/14/2011CERTIFICATION OF ORGANIZATIONAL VICTIMS UNDER FEDERAL RULE OF CRIMINAL PROCEDURE 12.4(a)(2) by USA as to TomorrowNow, Inc. (Waldinger, Kyle) (Filed on 9/14/2011) Modified on 9/15/2011 (kc, COURT STAFF). (Entered: 09/14/2011)
09/14/2011Rule 12.4 Disclosure Statement by TomorrowNow, Inc. (Boersch, Martha) (Filed on 9/14/2011) Modified on 9/15/2011 (kc, COURT STAFF). (Entered: 09/14/2011)
09/14/201110 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Initial Appearance as to TomorrowNow, Inc. held on 9/14/2011. Arraignment as to TomorrowNow, Inc. (1) on Counts 1-11, 12 held on 9/14/2011. NOT GUILTY plea entered. I.D. of Counsel Hearing held on 9/14/2011. Added attorney Martha A. Boersch and Tharan Gregory Lanier for TomorrowNow, Inc. Change of Plea and Sentencing set for 9/14/2011 at 1:30 PM before Hon. Phyllis J. Hamilton. (Recording #FTR 9/14/11 9:39-9:44.) (kc, COURT STAFF) (Filed on 9/14/2011) (Entered: 09/14/2011)
09/14/201111 WAIVER OF INDICTMENT by TomorrowNow, Inc. (kc, COURT STAFF) (Filed on 9/14/2011) (Entered: 09/14/2011)
09/14/201112 Minute Entry for proceedings held before Hon. Phyllis J. Hamilton: Change of Plea Hearing as to TomorrowNow, Inc. held on 9/14/2011. Plea entered by TomorrowNow, Inc. (1) Guilty as to Counts 1-11, 12. Sentencing held on 9/14/2011 for TomorrowNow, Inc. (1) as to Count(s) 1-11, 12, three (3) years probation; $4800 special assessment; $20,000,000 fine. (Court Reporter Raynee Mercado.) (kc, COURT STAFF) (Filed on 9/14/2011) (Entered: 09/14/2011)
09/14/201113 PLEA AGREEMENT as to TomorrowNow, Inc. (Attachments: # 1 Attachment-Secretary's Certificate) (nah, COURT STAFF) (Filed on 9/14/2011) (Entered: 09/16/2011)
09/16/201114 JUDGMENT in a Criminal Case as to TomorrowNow, Inc. Signed by Judge Hon. Phyllis J. Hamilton on 9/16/11. (nah, COURT STAFF) (Filed on 9/16/2011) (Entered: 09/16/2011)
09/20/201115 PAYMENT RECORD CARD: payment of special assessment in the amount of $4800 and fine in the amount of $20,000,000 paid on 9/14/11 and 9/16/11 on behalf of TomorrowNow, Inc. (kc, COURT STAFF) (Filed on 9/20/2011) (Entered: 09/21/2011)
01/04/201216 Transcript of Proceedings as to TomorrowNow, Inc. held on September 14, 2011, before Judge Phyllis J. Hamilton. Court Reporter Raynee H. Mercado, Telephone number 510-451-7530, raynee_mercado@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 1/25/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/3/2012.(rhm, ) (Filed on 1/4/2012) (Entered: 01/04/2012)